Terms and Conditions of Sale
GENERAL TERMS AND CONDITIONS OF SALE
The sale of our products is made under the general terms and conditions indicated below, and acceptance of this sale constitutes acceptance of these terms, which are not altered by any contrary stipulations in the customer’s purchase conditions and/or purchase orders.
General Terms and Conditions of Sale of MAISON E. SCHROEDER SARL.
1. Deliveries / Shortages
Unless otherwise stipulated, our goods are shipped, at our company’s discretion, either through our own services or through a carrier, and are sold within the Grand Duchy of Luxembourg, carriage paid to destination. Unless a joint measurement is carried out upon arrival, in particular using a flow meter, the weight, count, or quality recorded at departure shall alone be deemed authoritative.
2. Liability
The buyer alone bears the risks arising from the use of the goods; our company, in the event of any failure attributable to it, shall only be required to repair the direct damage thereby caused to property or persons. Our company shall not be liable for any direct or indirect consequential damage.
Any return of a product will only be accepted if the matter has been submitted to our company beforehand and its approval has been obtained. Any leakage occurring after delivery will never be credited.
3. Retention of Title Clause
Goods and products delivered and/or processed remain the property of our company until the price has been paid in full. Transfer of ownership of the goods and products is thus subject to full payment of the price. If the price is not paid in full by the agreed due date, our company may, after formal notice by registered letter, repossess its goods and products. Their identification shall be carried out jointly with the customer, who shall be given a discharge and shall bear the costs related to the return.
Risks, such as, for example, theft, fire, or deterioration of the goods and products delivered and/or processed, shall be borne by the customer from the time of delivery, notwithstanding the retention of title. The customer undertakes to insure the goods and products for the benefit of our company against any risk they may be exposed to or may cause from the time of their delivery.
4. Return of Packaging
In the case of sale of packaged products, our company is not required to take back the packaging or ensure its recycling unless there is a legal obligation to do so.
5. Prices and Terms
Orders are accepted subject to confirmation and are carried out at the price in effect on the day of delivery. Commitments made by our agents are only valid after express ratification by our company.
An unjustified service call on the day of the order will require the buyer to pay travel costs amounting to €50 excl. VAT.
6. Payments
All sales are deemed to be made for cash and are payable at our registered office in Aspelt. Only receipts signed by the company constitute valid proof of payment. However, our agents or carrier may collect payment for invoices paid directly to them at the time of delivery of the goods. Discharge for payments other than in cash is only valid subject to collection. Failure to pay any amount when due shall render immediately payable all other amounts owed by the buyer to us, whether due or not. It also entitles the company to terminate, by registered letter, the contract with respect to any outstanding deliveries.
7. Interest
In the event of non-payment by the due date, our company may charge late payment interest, which shall be due automatically and without formal notice simply upon the due date arriving, and without any need for judicial intervention. This late payment interest shall correspond to the statutory interest rate increased by 2%.
8. Compensation
Payments not received within 7 days of written formal notice from our company shall, as compensation for additional administrative costs incurred, be increased by 10%, with a minimum of €125. Legal costs shall not be included in this increase.
9. Force Majeure
Any case of force majeure entitles the seller either to terminate the agreement without formalities or notice, to suspend its performance, or to perform it partially.
10. Disputes
The District Court of Luxembourg shall have sole jurisdiction in the event of a dispute. Luxembourg law shall apply.
